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Assessment Quashed as Final Order Passed Beyond Section 153 Time Limit: ITAT Hyderabad

December 13, 2025 1245 Views 0 comment Print

The ITAT Hyderabad held that section 144C cannot override outer time limits under section 153. Assessments passed beyond statutory deadlines are void, reinforcing strict compliance with limitation periods.

Commission Not Bogus When Payee Exists & Taxed: ITAT Deletes ₹51.37 Lakh Disallowance

December 13, 2025 603 Views 0 comment Print

Tribunal held that commission could not be treated as bogus where the recipient company’s existence was established through income tax returns, refunds, and official records, leading to deletion of the disallowance.

Rule 37BA Cannot Override Section 5A While Granting TDS Credit to Goa Residents

December 13, 2025 750 Views 0 comment Print

ITAT Pune ruled that Section 5A overrides Rule 37BA, granting full TDS credit of ₹45.28 lakh to a Goa resident whose wife did not claim her share, rejecting CPC’s proportionate restriction

Profit Capped at 7% Because Search Confession Could Not Be Applied to Past Years

December 13, 2025 321 Views 0 comment Print

Rakesh Kumar Pandey Vs ACIT (ITAT Lucknow) 7% Is Reasonable, 11% Is Wishful: ITAT Reins in Profit Estimation in Contractor’s Case- When Books Are Estimated, Disallowances Die: ITAT’s Clean Sweep in Search Assessment- Search Confession Can’t Rewrite Past: ITAT Caps NP at 7% & Deletes Pre-Search Additions Issue 1: Estimation of Net Profit after Search […]

Cash Deposit Explained, Books Not Rejected: Section 68 Addition Collapses

December 13, 2025 522 Views 0 comment Print

ITAT Kolkata dismissed Rs. 6.52 crore addition under section 68, holding that cash deposits were substantiated by audited books and AO failed to reject accounts or prove them unexplained.

ITAT Bangalore Set Aside Section 80G Denial for Lack of Adequate Opportunity

December 13, 2025 255 Views 0 comment Print

The CIT(Exemption) canceled 80G approval as the trust did not submit audit reports, expenditure proof, and bank statements. The tribunal remitted the case for fresh consideration with opportunity to comply.

Tax Penalty Proceedings Deferred Until Quantum Appeal Resolution

December 13, 2025 429 Views 0 comment Print

ITAT remanded penalty proceedings to CIT(A) as the underlying quantum of income addition is pending adjudication, directing fresh consideration post-quantum decision.

Wrong PAN, Wrong 26AS, Wrong Addition: Hyper-Technical Dismissal Set Aside

December 13, 2025 369 Views 0 comment Print

The Tribunal directed a fresh adjudication after the assessee was wrongly credited with company income due to erroneous PAN and 26AS entries, emphasizing fair play over technical delay.

12AB and 80G Rejection Quashed for Violating CBDT SOP Mandating 15 Days’ Response Time

December 13, 2025 438 Views 0 comment Print

The Tribunal condoned a 152-day delay in filing appeals, emphasizing that the delay was unintentional and did not benefit the appellant. This reinforces the justice-oriented approach in tax appeal filings.

Cash Deposits During Demonetisation Cannot Be Treated as Unexplained When Agricultural Source Is Proved

December 13, 2025 549 Views 0 comment Print

The Tribunal deleted Rs. 26.73 lakhs added under Section 69A, holding that the deposit was from agricultural income and prior withdrawals. Revenue failed to disprove the assessee’s explanation, confirming that farmers’ cash deposits need proper evaluation.

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